Record of Employment Form: A Primer

All Employers have to complete Record Of Employment (ROE) forms when an employees earnings are interrupted.  The following is a great reminder of the importance of these forms and coding them correctly.  This comes from e2r® | 70 The Esplanade Suite 401 Suite 401 | Toronto, ON M5E 1R2 CA 


The Record of Employment (“ROE”) form provides information on employment history and is considered the single most important document used by employees in the Employment Insurance (“EI”) program. Service Canada uses the information on the ROE to determine whether a person is eligible to receive EI benefits, what the benefit amount will be, for how long the benefits will be paid and to ensure that no one misuses EI funds or receives benefits in error.

According to Service Canada, each year, more than 1 million Canadian employers fill out more than 9 million ROE forms for their employees. However, many employers still make errors when completing the ROE.

When do I issue the ROE?

Employers are required to issue an ROE each time an employee experiences an interruption of earnings. An interruption of earnings occurs when an employee has had or is anticipated to have 7 consecutive calendar days with no work and no insurable earnings from the employer or when an employee’s salary falls below 60% of regular weekly earnings and the separation of their employment is for a particular reason (such as illness, pregnancy/parental leave, compassionate care leave, etc.). You do not have to issue an ROE every time a part-time, on-call, or casual worker experiences an interruption of earnings of 7 days or more.

Employers are required to issue the ROE regardless of whether the employee intends to file a claim for EI benefits.

Note there are other special circumstances when employers may be required to issue an ROE, such as when the pay period type changes.

Deadlines for issuing an ROE

Deadlines are different depending on whether you issue the ROE on paper or electronically. It is important that employers strictly adhere to these deadlines. Courts have awarded punitive damages in cases where the employer issued the ROE well past the deadline.

Reason for issuing the ROE

Service Canada has assigned codes to the most common reasons for issuing an ROE. Employers are required to enter the code that best corresponds to the reason the ROE is being issued. It is a serious offence to misrepresent the reason for issuing an ROE. If an employer knowingly enters a false or misleading reason for issuing an ROE, they may be subject to fines or prosecution.

That being said, it is very common for employers to unknowingly use the wrong code. For example, Code A – Shortage of work is often used incorrectly when Code M – Dismissal is the proper code. 

Should I add a comment?

The short answer is “no” unless absolutely necessary.

Service Canada has automated the way they process ROEs. When you include a comment, the ROE is removed from the automated processing system and a Service Canada officer has to review it manually. This review slows the process down, and sometimes requires the officer to call you for clarification. For this reason, you should only enter comments in exceptional circumstances. Do not include comments that only confirm information you have already entered on the form.

The ROE is likely the form employers are completing most often for their employees. It is important to get it right!

If you would like to discuss any of the above with regard to your business in greater detail, we recommend reaching out to speak to an e2r™ Advisor.

Commonly Under-Declared Medical Conditions When Buying Travel Insurance

I received this information from CompareHealth, on pre-existing travel coverage, and thought it a great piece to share with clients and prospects in order to better understand travel insurance.  I’ve left their contact info below should you wish to reach out for personal health coverage for people around you that are not covered by employee benefit plans.

This is written for INDIVIDUAL or PERSONAL health coverage wordings, but much of it is similar to group plans when it comes to pre-existing conditions. Employee benefit travel coverage often contains pre-existing travel conditions that state your health MUST be stable for your coverage to be in full force.  A unstable condition is often one that has changed in the 60 to 90 days prior to your departure.  If deemed unstable, your coverage could be VOID, or at least any complications around that condition would be excluded.  Always refer to your plans travel coverage for details and limitations.


https://mailchi.mp/74166e16dcb2/new-health-dental-plans-for-pre-existing-conditions-19879450?

When planning a holiday, most of us dream about sun-soaked beaches, exciting excursions, and evening meals by the sea, not buying travel insurance. But if you have a pre-existing medical condition, ensuring your travel insurance reflects your true health status is essential in protecting your health, finances, and peace of mind while you’re away.

At Clear Compare, we understand that talking about your health can feel uncomfortable or even intrusive. But transparency with your travel insurance provider is not only important – it’s vital.

In this month’s article, we’ll walk you through some of the most commonly under-declared medical conditions, why they’re sometimes left off applications, what the risks are if you don’t disclose them, and how easy it actually is to get covered properly.

Commonly Under-Declared Medical Conditions

Some medical conditions are far more likely to be left undeclared than others. This often happens because:

  • The condition is seen as minor or well-managed

  • The person feels embarrassed to talk about it

  • They simply don’t realise it needs to be declared

  • They’re worried about paying more for cover

Let’s break down the conditions that are most commonly forgotten or left off travel insurance applications.

Long-Term Conditions That Feel Like “Normal Life”

When you’ve been managing a condition for years, it’s easy to overlook it as just part of daily life. But “controlled” doesn’t mean it doesn’t matter.

High Blood Pressure
High blood pressure (hypertension) is one of the most common chronic conditions, and one of the most frequently under-declared. Even when it’s well-managed with medication, it increases your risk of complications such as stroke, dizziness, or heart issues—any of which could derail your trip if not covered.

Diabetes
Whether you have Type 1 or Type 2 diabetes, this condition must be declared. Travel, changes in diet, and physical activity can all impact blood sugar levels. If you experience a hypo or diabetic emergency abroad, medical treatment could be costly without the right coverage.

Conditions People Don’t Realise Need Declaring

Many people simply don’t know that some “milder” or more manageable conditions still need to be declared. Some examples include:

Allergies
From nut and shellfish allergies to bee stings or hay fever, allergic reactions can quickly become medical emergencies. If you carry an EpiPen or have had reactions in the past, insurers need to know—even if your symptoms are usually mild.

IBS (Irritable Bowel Syndrome)
Often dismissed as a “nuisance” rather than a medical concern, IBS can cause serious disruption when travelling. Triggers like unfamiliar food, stress, or changes in routine can lead to flare-ups. Declaring IBS ensures you’re covered if symptoms worsen and require medical help abroad.

Sensitive or Personal Health Concerns

Certain conditions carry stigma or are highly personal, making people hesitant to disclose them. But insurers aren’t there to judge—they’re there to help when you need it most. Being fully transparent ensures you receive the protection you need while abroad.

Mental Health Conditions
Conditions such as anxiety, depression, PTSD, bipolar disorder, and others can feel deeply personal, yet it’s crucial to acknowledge them. These conditions are not only increasingly common but can also be exacerbated by the stresses of travel, jet lag, or unfamiliar environments.

Short-Term or Recent Illnesses

Short-term or seemingly minor health issues are just as important to disclose, especially if you needed medical assistance to help treat the sickness. Examples include:

Colds and Flu
If you’ve recently visited a doctor for flu symptoms, it may seem minor. But complications such as bronchitis or pneumonia can develop while travelling and lead to denied claims if your insurer wasn’t informed.

Shingles
Shingles can often be managed at home with proper care and treatment. However, if you went to see your GP to discuss treatment, then you must ensure that you disclose the condition.

Failing to disclose such conditions could lead to complications with your cover, especially if you experience an unexpected flare-up or related health issue while travelling.

Why Honest Declaration Matters

Being transparent about your medical history helps ensure:

  • You’re Properly Protected: Emergencies happen. Accurate disclosure ensures that your insurance covers treatment, medication, repatriation, and more if needed.

  • Peace of Mind: No second-guessing. No worrying whether your policy will hold up if something happens abroad.

  • Valid Claims: With a fully declared policy, your insurer is far more likely to approve claims without dispute or delay.

How to Declare Pre-Existing Medical Conditions

Declaring your conditions is usually quick, straightforward, and fully confidential. Here’s how to do it:

  • Know Your Medical History: Keep a list of your current diagnoses, any long-term conditions, medications you take, and recent hospital visits or treatments. While we will not need to know the specific medication names, we will need to know what conditions these were/are prescribed for.

  • Answer Questions Honestly: It might be tempting to downplay a condition, in the hopes of saving a few dollars on your policy premium. If you need medical treatment abroad and haven’t declared a relevant condition, your claim could be denied, leaving you with thousands in out-of-pocket expenses.

  • Medical Screening Tools: At Clear Compare, we use a Medical Screening Tool that can help you to easily declare your medical conditions. For each condition, you will be asked some questions to help determine the severity of your condition, ensuring that it is declared accurately and correctly.

  • Ask if You’re Unsure: Not sure whether a condition counts? Don’t guess—our experienced insurance advisors are always available to help clarify.

Frequently Asked Questions

What is a pre-existing medical condition?
“Pre-existing” refers to any medical condition for which medical advice, diagnosis, care, or treatment was recommended or received before applying for a travel insurance policy. For some conditions, we need to know if they have ever been present; for others, we need to know if they occurred within a certain period.

What pre-existing medical conditions do I need to disclose to you?
We’ll ask you a series of questions about your medical history and any travellers on your quote. If you answer yes to any of these, you’ll need to provide more information about that condition. This could be a condition that a traveller has now or has had in the past. This helps us determine what you need to disclose.

Why do I need cover for pre-existing medical conditions?
Medical expenses abroad and repatriation can be very expensive. Having travel insurance that includes cover for existing medical conditions is the best way to ensure you are protected from financial loss in the event of having to cancel the holiday or receive emergency medical treatment abroad.

Do I HAVE to declare my medical conditions?
Yes. It’s important to declare any past or present medical conditions. Failing to do so could invalidate your travel insurance policy and you may not be covered in the event of a claim.

Can I exclude my pre-existing medical conditions from the cover?
No, we are unable to provide cover that excludes any of your pre-existing medical conditions.

GET A QUOTE

Have questions? Please email info@clearcompare.ca or call us at 416-814-5591.

Kind regards,
Clear Compare Advisor Team
ClearCompare.ca

Ontario Small Claims Court could take on more “employment lay cases”

Starting October 1, 2025, Ontario’s Small Claims Court (SCC) will increase its monetary limit from $35,000 to $50,000. This change means that claims—including those for wrongful dismissal—where the amount sought is $50,000 or less can now be filed in the SCC rather than the Superior Court of Justice.

How the Process Might Work in Wrongful Dismissal Cases:

  • Eligibility: If an employee’s wrongful dismissal claim (including damages for pay in lieu of notice, severance, and potentially related benefits) is $50,000 or less, it can be filed in the SCC.

  • Streamlined Procedures: The SCC offers simplified and user-friendly procedures compared to the Superior Court. This typically results in lower legal fees, reduced administrative costs, and faster resolution times.

  • Self-Representation: Many litigants represent themselves in SCC, and paralegals are permitted to assist, making the process more accessible and cost-effective for both employees and employers.

  • Types of Claims: Wrongful dismissal claims often include unpaid wages, termination pay, and damages for failure to provide reasonable notice, all of which are eligible if the total claim does not exceed $50,000.

  • Filing and Resolution: Claims are initiated by filing a Plaintiff’s Claim form with the SCC. The defendant (employer) files a Defence. The process involves mandatory settlement conferences, and if unresolved, proceeds to trial. The SCC’s streamlined process is designed to resolve disputes more quickly than the Superior Court.

  • Enforcement: Once a judgment is obtained, enforcement mechanisms—such as garnishment or examination in aid of execution—are available, though some delays in enforcement have been reported due to court backlogs.

Strategic Considerations:

  • Limitation Periods: Most wrongful dismissal claims must be filed within two years of the date of dismissal. If the claim is close to the limitation period, it is important not to delay filing in anticipation of the new limit.

  • Amending Claims: If a claim is filed before October 1, 2025, for less than $35,000, it may be possible to amend and increase the amount claimed up to the new $50,000 limit once the change takes effect, subject to court approval and procedural rules.

  • Superior Court vs. SCC: Claims exceeding $50,000 must still be filed in the Superior Court of Justice, which involves more complex procedures and higher costs.

Summary Table: Wrongful Dismissal Claims—Superior Court vs. Small Claims Court

Feature Small Claims Court (SCC) Superior Court of Justice
Monetary Limit Up to $50,000 (from Oct 1, 2025) Over $50,000
Procedures Simplified, user-friendly Formal, complex
Representation Self-rep or paralegal permitted Typically requires a lawyer
Costs Lower legal and admin fees Higher legal and admin fees
Typical Timelines Faster (but may face backlogs) Slower, more complex
Types of Claims Wrongful dismissal, contract, etc. All civil claims

Your guide to the Ontario Employment Standards Act (Apr. 2025 update)

Ontario has updated their guide to help employers better understand the upcoming changes to the Employment Standards Act.

This guide provides information and dates for areas such as; 

Placement of a child leave (adoption or surrogacy)
Long-term illness leave
New rules about employment information
Rules and exemptions for job postings
Medical notes and sick leave
ESA maximum fines
Definition of employee
Deductions from wages
Payment of wages — direct deposit
Vacation pay agreements
Tips or other gratuities — methods of payment
Tips sharing policy

Some of these changes only affect firms with 25 or more staff, but could be implemented earlier (such as job postings) to be on the same level as the employers over 25.


See the guide here:  https://www.ontario.ca/document/your-guide-employment-standards-act-0/recent-changes

Rules around requiring sick notes

I saw an updated list released by E2R HR that I thought might be useful for employers requiring sick notes, especially when many have employees working remotely and some times from other provinces.  The original article is HERE.


In October 2024 the Canadian Medical Association (CMA) released a statement calling for the elimination of sick notes for short-term minor illnesses. In parallel, we have seen the various jurisdictions review, and at times update, their legislation around the collection of sick notes to substantiate short-term illness. The current legislative restrictions are as follows:

Ontario: Employers are restricted from requiring doctor’s notes for the first three days of sick leave annually. Effective June 19, 2025, Ontario’s long-term illness leave will come into effect and will have its own rules around medical notes (stay tuned for our next alert for more details!).

Quebec: Employers are restricted from requesting medical documentation for an employee’s first three periods of absence due to illness, each not exceeding three consecutive days, within a twelve-month period. In addition, employers can not require a medical certificate if an employee is absent to provide care to a child, a relative or a person for whom the employee acts as a caregiver.

New Brunswick: Employers are prohibited from requesting sick notes for absences of five days or less, unless an employee has had two such absences in the previous twelve months.

Newfoundland and Labrador: Employers are restricted from requiring sick notes until after three consecutive days of sick leave. 

Nova Scotia: Employers can no longer request a sick note unless an employee is absent for more than five working days or has already had two absences of five or fewer working days in the previous twelve-month period.

Prince Edward Island: Employers are restricted from requiring sick notes until after three consecutive days of sick leave. Employers are not permitted to request medical certificates for a single day of absence.

Saskatchewan: Employers can no longer request a sick note unless an employee is absent for more than five consecutive working days or has or has been absent twice for two or more days in the preceding twelve months.

Federal: Employers can no longer request a sick note unless an employee is absent for more than five consecutive working days.

British Columbia: Employers can request “reasonably sufficient proof” that an employee is sick. Bill 11 has been introduced and would eliminate the need for employees to get sick notes for short-term absence.

Manitoba and Alberta do not yet have legislation preventing the collection of sick notes.

How To Keep Your Foreign Workers Employed In 2025

Many employers (and many of our clients) utilize Foreign Workers on Work Permits to complement their employee base.  These can require some special handholding in several areas around benefits.

  1.  Many insurers require an employee to be covered by the provincial health plan (PHP) (e.g. OHIP in Ontario).  Foreign workers may have to wait for 6 months, make application and be approved for PHP before they are eligible for benefit plan coverage.  SOME insurers may allow, or make available, Provincial Plan Replacement (PPR) coverage to fill this gap as an alternative to waiting (hence benefits could begin on the first date worked).
  2. Service Ontario (where OHIP is applied for in Ontario) does NOT recognize “Maintained Status” that may be provided by Service Canada (that handles work permits).  This status allows a foreign worker to continue working until their permit is renewed.  Service Ontario would show that OHIP is now lapsed and the foreign worker would need to reapply or re-purchase PPR coverage to maintain coverage by the plan.
  3. With the changes below, employees may see the renewal or evolution of their foreign worker status changed and hence more difficult.

Details are provided in the article below.  Please do not hesitate to contact us if you have questions on the benefit coverage for your Foreign Workers or need assistance in ensuring they are properly covered..


For much of the last decade, employers in Canada have operated under an unofficial formula: bring in a skilled worker, offer stable employment, and trust that permanent residency (PR) would follow. It worked—until now…

https://www.mondaq.com/canada/employee-rights-labour-relations/1621560/how-to-keep-your-foreign-workers-employed-in-2025

Tools to give your employees more drug choice (without additional cost)

Patient Choice Cards have been around for many years. They offer a way to give your employees (with generic drug plans) to remain on brand name medication at little or no additional cost over what they would pay for the generic.  These programs are supported by brand name manufacturers and there is generally no cost to your plan or your plan members.

We use generic and mandatory generic plans as a way to control employer costs. Generic drugs are aften sold at 15 to 25% of their brand name equivalent, creating huge savings for employers.

If you would like to learn more about generics, please visit Health Canada or the Canadian Drug Agency

RxHelps cards:  https://www.rxhelpone.ca/en

Innovicares cards:  https://innovicares.ca/en

Brochure for RxHelpONE

Ontario Requirements for Mandatory Policies, Training, Postings and Information Sheets

This document is a repost from 2022/2023 of the MINIMUM standards for Ontario Employers.  It includes the posters you MUST have in the workplace as well as policies all firms require (Note: some are effective at 5 or more staff and items like pay equity begin at 10 staff)

Topics and Items include:

  • Poster: Employment Standards Act, 2000
  • Poster: Workplace Safety and Insurance Act
  • Poster: Occupational Health and Safety Act (“OHSA”)
  • Establishing and Posting: Joint Occupational Health and Safety Committee
  • Policy, Training and Posting: Health and Safety Awareness and Workplace Violence
  • Policy, Training and Posting: Workplace Harassment and Sexual Harassment
  • Policy: Disconnecting from Work (Working for Workers Act, 2021)
  • Policy: Electronic Monitoring (Working for Workers Act, 2022)
  • Policy: Respect in the Workplace
  • Policy, Training and Posting: Accessibility Requirements for All Organizations
  • Additional Requirements: Design of Accessible Public Spaces and Websites
  • Plan and Posting: Pay Equity
  • Training and Posting: Workplace Hazardous Materials Information System (WHMIS)
  • Posting: Smoke-Free Ontario Act, 2017

DOWNLOAD HERE